The appeals court added that prosecutors argued two theories, and it was unclear if the jury convicted Morales because the defendant tricked the victim or because sex with a sleeping person is defined as rape by law.

Is there a statute of limitations on this? Whilst in college, I was asleep in my roomate's room after a night of partying (very stoned and drunk). His girlfriend came in (also very drunk and stoned) and we had sex. I thought it was my girlfriend, she thought it was her boyfriend.

Even though we lived in Austin, I am scared the GOP might press charges on both of us.

ZAZ:I don't like "rape by deception" laws anyway. Repeal the criminal laws but say the woman and/or her boyfriend can chop you into little bits if they catch you at the scene.

The deception laws are a little redundant. Rape is having sex with someone without their consent.The lady in this article either asleep and unable to consent (article is kinda iffy the way I read it), or consented to sex with her boyfriend. The rapist is not her boyfriend, therefore he did not have her consent. Even more, pretending to be someone else indicates he knew he didn't have consent.

Isn't it screamingly illegal to have at someone who is asleep, especially if you have no indication of prior consent? Or are we going with the "women who occasionally fall asleep are totally asking for it" defense?

I bet this law makes perfect sense to Diane Feinstein. She just wants it to be updated to ban "high-capacity penises", and to ban certain "evil pubic hair features" from an otherwise legal rape-like activity. Lead the way California...

The deception laws are a little redundant. Rape is having sex with someone without their consent.The lady in this article either asleep and unable to consent (article is kinda iffy the way I read it), or consented to sex with her boyfriend. The rapist is not her boyfriend, therefore he did not have her consent. Even more, pretending to be someone else indicates he knew he didn't have consent.

This should have been covered under a standard rape-rape law.

I do agree with this, but I also have the question of how in the world can a woman not know if somebody other than their significant other is sticking their bandingo in her hoohaw?

it's not just the peener that's different, it'll be the height/weight of the guy, feel of their skin, hands, etc. It boggles my mind, honestly, and it's the one thing that casts doubt for me whether this was true "rape rape," Whoopi Goldberg style, or just a girl who cheated on her boyfriend and felt bad about it.

ZAZ:I don't like "rape by deception" laws anyway. Repeal the criminal laws but say the woman and/or her boyfriend can chop you into little bits if they catch you at the scene.

I'm not a fan of rape by deception laws either, but I don't think this was really rape by deception. It was regular rape where the victim was just confused for a minute. I understand why the judge overturned it though. California needs to get their shiat together.

Lady Beryl Ersatz-Wendigo:Isn't it screamingly illegal to have at someone who is asleep, especially if you have no indication of prior consent? Or are we going with the "women who occasionally fall asleep are totally asking for it" defense?

She didn't sleep through the whole thing. She woke up and consented. It would be nice to know what the guy did in order to deceive her. If his crime is just banging a chick with the lights off, I don't think that should be rape. He'd have to do something extraordinary in order to make her think it was the husband. Really need more details before I can form an opinion on whether this is rape or not.

Why Would I Read the Article:The deception laws are a little redundant. Rape is having sex with someone without their consent.The lady in this article either asleep and unable to consent (article is kinda iffy the way I read it), or consented to sex with her boyfriend. The rapist is not her boyfriend, therefore he did not have her consent. Even more, pretending to be someone else indicates he knew he didn't have consent.

This should have been covered under a standard rape-rape law.

I do agree with this, but I also have the question of how in the world can a woman not know if somebody other than their significant other is sticking their bandingo in her hoohaw?

it's not just the peener that's different, it'll be the height/weight of the guy, feel of their skin, hands, etc. It boggles my mind, honestly, and it's the one thing that casts doubt for me whether this was true "rape rape," Whoopi Goldberg style, or just a girl who cheated on her boyfriend and felt bad about it.

If you read the article or the judgement (linked earlier), according to her, when she woke up and noticed it wasn't her boyfriend, she fought and pushed him off.

JonPace:Lady Beryl Ersatz-Wendigo: Isn't it screamingly illegal to have at someone who is asleep, especially if you have no indication of prior consent? Or are we going with the "women who occasionally fall asleep are totally asking for it" defense?

She didn't sleep through the whole thing. She woke up and consented. It would be nice to know what the guy did in order to deceive her. If his crime is just banging a chick with the lights off, I don't think that should be rape. He'd have to do something extraordinary in order to make her think it was the husband. Really need more details before I can form an opinion on whether this is rape or not.

From the decision:According to Jane, she woke up to the sensation of having sex. She was in a different position on the bed, perpendicular to the position she had been in when she fell asleep. She was confused because she and Victor had agreed not to have sex that night. When light coming through a crack in the bedroom door illuminated the face of the person having sex with her, i.e., defendant, she realized it was not Victor and tried to push him away. Defendant grabbed her thighs and pushed his penis back into her vagina. She pushed him away again and began to cry and yell. Defendant left her room; Jane locked her door and called Victor, asking him to come back to her house.

If "pushing away, crying, and yelling" is consent to you, I'm concerned.

poe_zlaw:Is there a statute of limitations on this? Whilst in college, I was asleep in my roomate's room after a night of partying (very stoned and drunk). His girlfriend came in (also very drunk and stoned) and we had sex. I thought it was my girlfriend, she thought it was her boyfriend.

Even though we lived in Austin, I am scared the GOP might press charges on both of us.

Additionally, while that is her version, his isn't much better:Deputy Sheriff Peralta and other deputies responded and searched the area,eventually finding defendant crouched down behind some bushes. While being detained in Deputy Peralta‟s patrol car, defendant spoke to another deputy, Deputy Leyn. He admitted that he had gone into Jane‟s room while she was asleep. He said that he had kissed her and that she kissed him back, but he thought she might still be asleep. He pulled down her pajama bottoms, got on top of her, and started to have sex. He said she probably thought he was her boyfriend, and when she realized he was not, she started screaming. During a second interview with Deputy Leyn, defendant once again described what happened, including that Jane was asleep when he put his penis into her vagina, and wrote out a statement admitting that he kissed Jane and touched her vagina while she was asleep.

Theaetetus:Additionally, while that is her version, his isn't much better:Deputy Sheriff Peralta and other deputies responded and searched the area,eventually finding defendant crouched down behind some bushes. While being detained in Deputy Peralta‟s patrol car, defendant spoke to another deputy, Deputy Leyn. He admitted that he had gone into Jane‟s room while she was asleep. He said that he had kissed her and that she kissed him back, but he thought she might still be asleep. He pulled down her pajama bottoms, got on top of her, and started to have sex. He said she probably thought he was her boyfriend, and when she realized he was not, she started screaming. During a second interview with Deputy Leyn, defendant once again described what happened, including that Jane was asleep when he put his penis into her vagina, and wrote out a statement admitting that he kissed Jane and touched her vagina while she was asleep.

WOman and her boyfriend reuglarly engage in rough sex with a side of violent rape fantasy. Much screaming biting , kicking , pleading etc to the intense delight of both partners. Unbeknowst to the BF the Girl has an indentical twin sister who is a stewardess who has a key to the apt and often crashes there unannounced when she has an unexpected layover in town.

Boyfriend comes home see his girlfriend sleeping on the bed in a sexy stewardess' outfit, thinks it is a signal for some hard-core role play. Girlfriend doesn't disappoint giving an oscar-worthy performance of unwilling rape victim, fighting back extra hard, screaming at the top of her lungs etc.

In the post-coital quiet, the BF lights up a cigarette, the Girl runs out and calls the cops. His sex partner turns out to be the unknown twin and not his GF and he is promptly charged with rape.

I can understand why this is rape, my question is how far does this extend? If a guy lies about being a doctor to get in a girls pants can he be charged with rape? In both cases the guy is misrepresenting who he is to trick a girl into sex.

Magorn:Reminds me of the Inverse case I once saw prosecutted in a DC court:

WOman and her boyfriend reuglarly engage in rough sex with a side of violent rape fantasy. Much screaming biting , kicking , pleading etc to the intense delight of both partners. Unbeknowst to the BF the Girl has an indentical twin sister who is a stewardess who has a key to the apt and often crashes there unannounced when she has an unexpected layover in town.

Boyfriend comes home see his girlfriend sleeping on the bed in a sexy stewardess' outfit, thinks it is a signal for some hard-core role play. Girlfriend doesn't disappoint giving an oscar-worthy performance of unwilling rape victim, fighting back extra hard, screaming at the top of her lungs etc.

In the post-coital quiet, the BF lights up a cigarette, the Girl runs out and calls the cops. His sex partner turns out to be the unknown twin and not his GF and he is promptly charged with rape.